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Proper identification of the check writer and
prompt filing of the returned check is the best assistance you can
provide for the swift and accurate assault on this form of
theft. Stress to your employees the vital importance of being
thorough when accepting a check. If you establish a consistent
policy on accepting checks, then you will lessen your hot check
problem, and you will not offend your customers paying by check,
since all customers will be treated in a fair and consistent
manner.
Follow this link for a list of suggestions
to include in your check acceptance policy.
Follow this link for information on checks
that are difficult to prosecute.
TURNING A CHECK OVER TO THE PROSECUTORS OFFICE
FOR COLLECTION
You will be asked to complete and sign an
information form used as the complaint against the hot check writer.
This can be done in person in our office located on the second floor
of the annex building, at the corner of 6th and Columbus streets or
by mail if you have our form. An ELECTRONIC
FORM is available from this website.
After you have done this, the check will be
logged and a search will be made to determine if the maker has other
offenses pending. Your complaint may be combined with the ones
previously filed if this will expedite restitution.
If the maker has no other hot check complaints on
file, our office will usually notify the check writer that a
criminal case is about to be filed against him/her. The maker will
be informed that if he/she does not make restitution which includes
a $30.00 return check charge for you and a processing fee to
the District Attorney's office, prosecution will be started.
Once a check is turned over to our office, do not
accept payment from that check writer. Once you have turned the
check over to us and have signed a complaint, the check is our
responsibility and the check writer must deal with us. This protects
you as well as all other complainants.
The processing fee charged the hot check writer
along with his restitution and returned check fee to you is
authorized under the hot check fee act of the Texas Legislature and
is used to defray some of the cost of recovering your restitution
and prosecuting the crime. This fee requires the hot check writer to
help bear the cost of their misdeed. After filing the case, the hot
check writer can also be charged the additional expenses of the fine
and court costs which could run into hundreds of dollars, or he
could be sentenced to jail or prison.
If restitution is made, our restitution check
will be mailed to you as soon as possible. Restitution checks are
mailed out twice monthly. If no restitution is made, we will make every
effort to see that the defendant goes to jail.
NO FEE IS CHARGED CITIZENS OR BUSINESSES FOR THIS
SERVICE.
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